SOUTHCAROLINA.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY.
close banner
South Carolina State Records
state records colored logo
LOGIN
CONTACT

South Carolina Sex Offender Records

What is a Sex Offender?

Any person that the courts have convicted of a sex crime or sex-related offense is a sex offender. There are variations in classifications, definitions, and penalties for sex crimes across state and federal jurisdictions in the US. Nevertheless, sex crimes are serious offenses, and sex offenders face severe penalties. Apart from the law’s penalties, such as imprisonment and fines, sex offenders also face civil penalties in various forms. These restrictions may affect an offender’s social relationships and social standing.

In South Carolina, sex offenders must register personal information such as names, residential addresses, employment information, and any other information required by state laws. Following state and federal laws, state law enforcement agencies make sex offender information public, resulting in a loss of privacy to offenders.

Who is Considered a Sex Offender in South Carolina?

According to SC Code § 23-3-430, a sex offender is anyone who has been convicted of, pled no contest or guilty to, adjudicated delinquent for, or found not guilty because of insanity of a sex offense. The definition applies whether the person is on trial in South Carolina, another state, federal court, or a foreign country. Some of the sex offenses a person may be convicted for in South Carolina include incest, voyeurism, buggery, and criminal sexual conduct in various degrees.

What are the Different Types of Sex Offenses in South Carolina?

Sex offenses in South Carolina are violations of the state’s sex-related laws. Per state laws, there are varying degrees of severity to sex offenses; the courts assess penalties based on the severity and the presence of mitigating or aggravating factors, including the victim’s age and the offender’s criminal history. In South Carolina’s Criminal Code, sex offenses are offenses against the person, offenses against morality and decency, and offenses against public policy. Below are some types of sex offenses in South Carolina:

First-degree criminal sexual conduct: a person commits first-degree criminal sexual conduct if the person engages in sexual or anal intercourse or any intrusion into another person’s genitals in the following circumstances (SC Code § 16-3-652):

  • The perpetrator administers a controlled substance without the victim’s consent that causes the victim to become physically helpless or mentally incapacitated.
  • The perpetrator uses high physical force or physical violence
  • The perpetrator kidnaps, robs, extorts, confines, or traffics the victim into submitting to sexual battery.

The penalty for first-degree criminal sexual conduct is imprisonment for up to 30 years.

Second-degree criminal sexual conduct: a person commits second-degree criminal sexual conduct if the person commits sexual battery using aggravated coercion. This act also includes the threat of use of force or aggravated violence or the threat of extortion, kidnapping, or physical harm. The penalty for second-degree criminal sexual conduct is imprisonment for 20 years (SC Code § 16-3-65).

Third-degree criminal sexual conduct: a person commits third-degree criminal sexual conduct if the person engages in sexual battery without the use of aggravated force or aggravating circumstances and:

  • The perpetrator is aware or has reason to believe that the victim is physically helpless, mentally incapacitated, or mentally defective but does not use aggravated force.
  • The perpetrator commits sexual battery with coercion or force

The penalty for third-degree criminal sexual conduct is imprisonment for up to ten (10) years.

Incest: if persons with the following degrees of relationship have sexual intercourse, such persons commit incest:

  • A man with his granddaughter, daughter, mother, grandmother, sister, step-sister, son’s wife, grandfather’s wife, wife’s grandmother, mother-in-law, niece, aunt, or wife’s granddaughter
  • A woman with her son, father, grandfather, brother, uncle, nephew, step-brother, step-grandfather, daughter’s husband, father-in-law, granddaughter’s husband, step-son, step-grandson, or husband’s grandfather

The penalty for incest in South Carolina is a fine of up to $500, imprisonment for one (1) year, or both (SC Code § 16-15-20).

Seduction on the promise of marriage: if a male person older than 16 seduces an unmarried woman by deceiving and promising the marriage, the person commits a misdemeanor. The penalty for this offense is a fine set at the court’s discretion or imprisonment for up to one (1) year (SC Code § 16-15-50).

Communicating obscene messages without consent: if a person writes, prints, transmits electronically, or otherwise any indecent, profane, suggestive, vulgar, or obscene message anonymously without the receiver’s consent, the person commits a misdemeanor. The penalty is a fine set at the court’s discretion or imprisonment for up to three (3) years (SC Code § 16-15-250).

First-degree sexual exploitation of a minor: a person is guilty of first-degree sexual exploitation of a minor in the following cases:

  • The person uses a minor in material or performance that involves sexual activity or a state of sexually explicit nudity when the purpose may be inferred to be sexual stimulation.
  • The person allows a minor in the person’s custody to engage in sexual activity or sexually explicit nudity for a live performance or material that depicts this state.
  • The person records, films, duplicates, photographs, or creates electronic copies of any materials that visually depict a minor engaging in sexual activity or a state of sexually explicit nudity for financial gain or sale.
  • The person transports a minor across the state to engage in sexual activity or appear in a state of sexually explicit nudity to produce a material or live performance.

First-degree sexual exploitation of a minor is a felony, punishable by imprisonment for three (3) to 20 years. Offenders are not eligible for sentence suspension and are only eligible for parole after serving the minimum sentence term (SC Code § 16-15-395).

Second-degree sexual exploitation of a minor: a person is guilty of second-degree exploitation of a minor if the person willfully does any of the following:

  • Records, films, photographs, or produces material that contains a minor engaging in sexual activity or appear in sexually explicit nudity
  • Distributes, sells, transports, exchanges, receives, or exhibits materials that depict a minor engaging in sexual activity or appearing in sexually explicit nudity.

A minor’s second-degree sexual exploitation is a felony, punishable by imprisonment for two (2) to ten (10) years. Offenders are not eligible for sentence suspension and are only eligible for parole after serving the minimum sentence term (SC Code § 16-15-405).

Third-degree sexual exploitation of a minor: according to SC Code § 16-15-410, a person commits third-degree sexual exploitation of a minor if the person knowingly possesses any material that depicts a minor engaging in sexual activity or appearing in a state of sexually explicit nudity. The penalty for this felony offense is imprisonment for no more than ten (10) years.

Promoting prostitution of a minor: SC Code § 16-15-415 states that a person supports prostitution of a minor if the person knowingly does any of the following:

  • Forcing, enticing, encouraging, or otherwise facilitating a minor’s participation in prostitution.
  • Supervising, promoting, advertising, or supporting prostitution by a minor

Promoting prostitution of a minor is a felony, punishable by imprisonment for three (3) to 20 years. Offenders are not eligible for a suspension of sentence and are only eligible for parole after serving the minimum sentence term.

South Carolina state statutes contain an extensive list of sex offenses in the state. Interested parties may contact criminal defense attorneys for help with understanding sex offense laws and sentencing guidelines.

What Types of Sex Offenders Exist in South Carolina?

South Carolina categorizes sex offenders using the Adam Walsh Child Protection and Safety Act and the Sex Offender Registration and Notification Act (SORNA) tier system. Based on the severity of the offense and other factors like the offender’s criminal history, the victim’s age, and the offender’s relationship to the victim, South Carolina categorizes sex offenders into two tiers:

Tier II: offenders in this category include persons convicted of felony sex offenses, including the sexual exploitation of minors, sexual abuse, and child pornography distribution. Penalties for offenses in this category include imprisonment for more than one (1) year. Tier II offenders must register for at least 25 years and verify registration every six (6) months.

Tier III: offenders in this category are convicted of the most serious sex offenses, such as sexual assault, aggravated sexual abuse, kidnapping a minor, or any sexual acts against children younger than 13. Offenders in this category must register for life and verify registration every 90 days. Depending on the nature of the offense, offenders may also be required to go through the process highlighted in the Sexually Violent Predator Act.

How to Find a Sex Offender Near Me in South Carolina

According to SC Code § 23-3-400, law enforcement agencies in South Carolina must maintain a public database of sex offenders to promote citizens’ safety, welfare, and public health. Interested parties may find sex offender information using the public state or federal sex offender registries. Requesting parties may also register for community notifications on the state sex offender website. When a requesting party registers an address, the state law enforcement division notifies the registrant when a sex offender registers an address within a certain radius of their address.

Some counties and sheriff’s offices also maintain public databases of sex offenders. Interested parties may find sex offender information using websites provided by counties such as Greenville and Berkeley.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

South Carolina Sex Offender Registry

The State Law Enforcement Division (SLED) develops and operates the South Carolina sex offender registry. SLED and county sheriff’s offices update sex offender registry information regularly. The registry provides pertinent information about sex offenders to the public and includes law enforcement agencies with the necessary tools to investigate criminal offenses. Interested parties may search the sex offender registry in the following ways:

  • Geographic search
  • Name search

A geographic search allows users to search for sex offenders within a certain geographic area, specifically within a one (1) to three (3) mile radius of particular addresses. Interested parties may conduct geographic searches by entering an address, city, and zip code in the appropriate fields. Name search allows users to search for sex offenders using first and last names or any known aliases. Users can expect the search offender registry to return the following information on a query:

  • First and last names
  • Recent photographs
  • Offender’s date of birth
  • Residential address
  • Offender status
  • Offender classification level
  • Race
  • Gender
  • Weight
  • Height
  • Eye and hair color

Misusing information obtained from the sex offender registry is a crime and may result in criminal or civil penalties. Additionally, suppose anyone commits a criminal offense using information from the sex offender registry. In that case, the penalty is a fine of $1,000 and imprisonment for six (6) months. For felony offenses, the penalty is imprisonment for up to five (5) years.

What is the South Carolina Sex Offender Registry?

The South Carolina sex offender registry is an online repository where interested persons can access information about sex offenders in the state. Common information found on the registry includes an offender's name, photograph, gender, offenses convicted of, and residence. The sex offenders registry is periodically updated to ensure that the information contained is current.

The South Carolina Code of Laws provides for the development and maintenance of a sex offender registry by the South Carolina Law Enforcement Division. Sex offenders are mandated to register with the office of the sheriff in any county where the offender resides, owns property, carries out business, schools, interns, volunteers or is employed. Offenders are to complete this registration within ten days of establishing residence in South Carolina.

Sex offenders in South Carolina remain on the registry for life. However, Tier I and Tier II offenders are required to verify their details for a minimum of 15 and 25 years, respectively. Tier III offenders, on the other hand, must verify their details for life. A petition to remove an offender's name from the registry will only be considered if the conviction is overturned or reversed on appeal. Even when the conviction has been expunged from the offender's record, the details will remain on the South Carolina sex offender registry if the conviction was not reversed.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

Who Can View the Sex Offender Registry?

The South Carolina version of Megan's Law, which amended the sex offender registry law in 1996, provides for public access to sex offender records. The state of Carolina, therefore, grants residents and other interested persons access to the sex offenders registry. Residents may also sign up to receive notifications from the local sheriff when an offender is released from jail or is on probation.

What are the Sex Offender Laws in South Carolina?

The legal framework for sex offenders is captured in the South Carolina Code of Laws. The state’s sex offender laws are greatly influenced by Megan’s Law, a federal law named after seven-year-old Megan Kanka, who was kidnapped and murdered by a sex offender in 1996. The South Carolina Megan’s Law mandates the Law Enforcement Division to notify residents of sex offenders and predators who may endanger lives.

South Carolina law also requires local law enforcement agencies to make relevant sex offender data available to members of the public. All sex offenders must also register with the local law enforcement agency of the county they reside in.

How Long Do Sex Offenders Have to Register in South Carolina?

The mandatory registration period in South Carolina depends on the crime committed. Although it is impossible to expunge sex offense records once registered, some offenders may not have to register for life. While offenders on Tier 1 are required to register annually for 15 years, Tier II offenders register bi-annually for 25 years. Offenders on Tier III are mandated by law to register quarterly for life.

Can a Sex Offender Live With Their Family in South Carolina?

South Carolina law does not restrict sex offenders from living with family members. However, certain offenders are restricted from living within 1000 feet of an area where minors congregate, such as schools and parks. However, sex offenders must comply with all ordered restrictions even if compliance prevents them from living with their families.

Do Sex Offenders Have to Notify Neighbors in South Carolina?

Sex offenders resident in South California are not required to notify neighbors about their registration status. However, South Carolina's Megan Law provides public access to the state’s sex offender registry. Also, local law enforcement officials may notify residents if a sexual predator moves into the neighborhood.

Under South Carolina law, sex offenders must notify the sheriff’s department in the county of residence within ten working days of moving into a new address. The notification may be in writing or in person.

Do Sex Offenders Have to Put Up a Sign in Their Yard in South Carolina?

The South Carolina Code of Laws does not require sex offenders to put up notifications in their yards. However, the state requires that parolees convicted of sex crimes against children, wear devices that will enable GPS monitoring and tracking.

How Close Can a Sex Offender Live to a School in South Carolina?

In South Carolina, some sex offenders are not permitted to move into a residence within 1,000 feet of any place children are likely to congregate. Such places include schools, parks, daycare centers, public playgrounds, and recreational facilities. This law, however, only applies to offenders convicted of the following:

  • 1st or 2nd-degree criminal sexual conduct against a child.
  • Sexual assault with a minor.
  • Child kidnapping
  • Child trafficking

This law is also not applicable if the offender complied with the residency restriction before the school or facility was built in the area.

Can You Expunge a Sex Offender Charge in South Carolina?

An offense that requires a person to register as a sex offender is not eligible for expungement in South Carolina. Although the law allows the expungement of criminal records under certain conditions, sex offender conviction records must remain active for life.

How to Look Up Sex Offenders in South Carolina

Interested persons may use the South Carolina sex offender registry to find public details on registered sex offenders in the state. The registry is periodically updated with data gotten from databases of county law enforcement divisions across South Carolina. Residents can also sign up for community notification and get notified when a sex offender registers a home, school, or work address.

South Carolina Sex Offender Name Search

Residents of South Carolina can lookup sex offenders through the name search option by inputting the first and last name of the suspected person.

South Carolina Sex Offender Map Search

With the geographical search option, residents can initiate a search for sex offenders working, living, or attending school within a three-mile radius of a particular location or zip code. To conduct a geographical search, requesters will have to provide the street name, city, state, and zip code of the area of interest.

Is Public Urination a Sex Offense in South Carolina?

Section 23-3-430 (14) of the South Carolina code of laws classifies public urination as a sex offense under the indecent exposure category. According to this law, indecent exposure is the deliberate exposure of one's genitals in public. Offenses under indecent exposure include:

  • Public exposure of genitals
  • Flashing
  • Public urination
  • Genital exposure to a minor

Although public urination is classified as a misdemeanor, it could be a felony if done in front of a minor. This offense can earn an offender a 3-year jail term, a fine in accordance with the court's discretion, or both. A convicted person may also have to register as a sex offender.

How to Report a Sex Offender in South Carolina

South Carolina residents may contact the sheriff’s department in the county of residence if there is a need to report a sex offender. Residents can also confirm the identity of suspected offenders on the sex offenders registry or visit the

South Carolina Law Enforcement Division Headquarters,
4400 Broad River Road,
Columbia, SC 29210,
(803) 737-9000

According to § 23-3-470, an offender who fails to register or notify the county sheriff of temporary or permanent address changes has violated their registration requirements. A first-time offense is considered a misdemeanor and can attract a jail term of up to one year. Second offenders are sentenced to a mandatory jail term of one year and one day. Failing to register for the third time is considered a felony and carries a five-year compulsory prison sentence. However, a three-count offender may be granted probation after spending three years in prison.